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Catherine Wairimu Gichira v. Margaret Nyokabimuchoki, Anthony Muchoki & Sharon Muchiri

(2017) JELR 103359 (CA)

Court of Appeal  •  Civil Appeal 183 of 2015  •  23 Jun 2017  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

INTRODUCTION

1. This is an appeal from the judgment of Kimaru, J. where the learned judge granted orders for revocation of the grant of the letters of administration intestate issued to Catherine Wairimu Gichira (the appellant) and Stanley Mukolwe on 15th November, 2006 and confirmed on 21st September, 2010. The appellant was aggrieved by the High Court judgment and preferred an appeal to this Court.

BACKGROUND

2. James Muchiri Kabii, hereinafter referred to as “the deceased”, died on 10th January, 1995. The deceased was survived by five children, a son and four daughters namely, Thomas Irungu Kabii (now deceased), Josephine Kabii, Catherine Gichira, Mary Wangongo and Lucy Wangechi Kabii. The mother of the said children had pre-deceased the deceased.

3. Subsequent to the death of the deceased, Thomas Irungu Kabii (hereinafter referred to as Tom) applied for grant of letters of administration of their late father’s estate vide Succession Cause No. 1684 of 1995. In the …

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